Internal Revenue Service United States Department of the Treasury
Level Basic Advanced Military International

Earned Income Credit (EIC)

Qualifying for the EIC

Previously Denied EIC

There are restrictions on EIC claims by taxpayers for whom a previous EIC claim was denied or reduced due to any reason other than a math or clerical error. For example, a taxpayer who was determined to have claimed the EIC due to reckless or intentional disregard of the EIC rules cannot claim the EIC for 2 tax years. If the error was due to fraud, then the taxpayer cannot claim the EIC for 10 tax years.

Ask taxpayers if they have ever been denied the EIC. If so, you must file Form 8862, Information to Claim Earned Income Credit After Disallowance, with the tax return.

Tip

Special rules apply if the taxpayer was previously denied EIC. See the Volunteer Resource Guide, Earned Income Credit tab, Disallowance of the Earned Income Credit.

Top of Form 8862, Information To Claim Earned Income Credit After Disallowance.